The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-13
LEGAL QUESTIONS.
Pecuniary Liability of Nearly 81, OOO, 900
Attitude of the Railway People.

A Pecunfary Liability OF Nearly $1,000, 600
Attitude of the Railway People.
CHICAGO Aug. 1.-THE Timess Chatsworth
special says the pecuniary loss arising from the
accident is simply enormous Under the laws
of Illinois, the relatives of those killed the
disaster will, if they have any claim at all. de-
plete the treasury of the Toledo. Peoria e. West
ern of something like $3.50. 900. and those injured
would receive at least $3.50 900 more. It might
be just well, at this juncture. to recite some
of the vcissitudes OF the road, illustrative of
its condition In 1880 it was leased to the Wa
bash, and when that road drifted into the hands
of receiver, the trustees for the holders of the
first-mortgage bonds of the Toledo. Peoria q
Warsaw took possession Of the road. The pro-
ceeding to foreclose this mortgage was had in Oc-
tober, 1886, and the road was brought to sale.
It bought in for the benefit of the holders of
the first mortgage bonds. new company was
organized, which took possession July 1, 1887
The name of the road was, for some reason or
orther, changed from the Toledo, Peoria e
Warsaw Railroad Company to the Toledo Peoria
e. Western Railway Company. The new cor
poration is realizing from $4,000 to $15. 900 per
month OF the road. Should the corporation be
held guilty of negligence, and therefore at fault
for the accident, the gentlemen who only six
weeks ago bought in the property to save them
selves will be confronted with claims aggregat-
ing little less than S.. 100000 This, OF course
simply bankruptcy and the road
the hands of q receiver. This
phase of the occurrence is anything but pleasant
to the owners of the road, who will unques-
tonably fight to the bitter end all claims for
damages. The question of negligence or failure
of diligence the part of the servants of the
corporation involves several knotty legal propo-
sitions, which probably will necessitate tie rul-
ing of the court of last resort to wit: The
United States Supreme Bench.
The superintendent of the road Mr.. Arm
strong. by indirection at least, claims the acct
dent was in wise the result Of negligence or
the lack of care-slmply by act of God. Mr..
Armstrong and his foreman of bridges insist
that the structure entirely safe and the
road bed in condition to stand rapid transit.
From the evidence adduced before the railroad
board. it appears that the train was speeding
along at from thirty to thirty-fve miles per
hour Mr.. Armstrong says the track is in fair
order. having the customary number of ties per
mile. and steel rails. with fish, bar attachments IS.
There is unquestioned evidence to show
Peoria. and at Forest, where
a coach was dropped and anothered. substitute
Mr. Marley says he examined the bridge In
May last and considered it safe for two years to
come. Many people here express belief that
the train was wrecked by thieves for purposes of
plumber. Nothing in substantation of this
theory has yet been developed. Mr. Arm
strong told the commissioners to-day that he or.
dered general inspection of the bridges along
the road with view of ascertanng their exact
condition. He will produce evidence in support
of this proposition before the commissioners on
Tuesday next The claim is made that the tres
tie would not stand the weight of two locomo-
tives and that the first engine broke down the
bridge by sudden reverse, followed by an i'm
mediate opening of the throttle. The fact that
the bridge burning is clearly established.
but give any clear idea as to the
cause of the fire. Some still cry incendar-
ism, while others equally vocif-
erous in their shouts that the leaves
and dry grass near the bridge caught fire from
a spark and communicated it to the trestle. The
railroad commissioners were at the scene of the
disaster TO-DAY, and will endeavor to locate the
exact cause of the occurrence. The task is no
easy one, but the officers of the State. by virtue
of an act passed at the last session of
the Legislature, are clothed with full
thoritv to investigate all persons and papers
and report. They laid the foundation of
animation to-day and will resume operations in
Peoria on Tuesday next 1t is bound to make a
great big law suit, that will furnish
presidents and rulings the law of common
carriers The coroner's jury is still begging
away. There are some scores of witnesses yet
desiring to be examined, and the railroad
board will make investigation its
own account The matter will probably not be
adjusted for ten years come.